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42 U.S.C. § 7920 — Rules

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7920 — Rules

The Secretary may prescribe such rules consistent with the purposes of this chapter as he deems appropriate pursuant to title V of the Department of Energy Organization Act [[42 U.S.C. 7191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim) et seq.].

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Stable record: federal_law:legal_authorities:record_usc_96ccff036a727bdb3165805f
Source file: Laws/federal/codes/united-states-code/title-42/section-7920-rules--351b0367ea.md
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Source location: Title 42, Chapter 88, § 7920; chapter-088-uranium-mill-tailings-radiation-control.md

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The Secretary may prescribe such rules consistent with the purposes of this chapter as he deems appropriate pursuant to title V of the Department of Energy Organization Act [[42 U.S.C. 7191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim) et seq.].

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7901 — Designation by Secretary as processing sites for subchapter I purposes

**(a) New Mexico cooperative agreement respecting certain residual radioactive materials; submission to Congressional committees** Within ninety days from the date of his receipt of the report and recommendations submitted by the Commission under [section 7941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim), notwithstanding the limitations contained in section 7911(6)(A) and in [section 7925(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7925/a&num=0&edition=prelim), if the Commission determines, based on such study, that such sites cannot be regulated and controlled by the State or the Commission in the manner described in [section 7941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim), the Secretary may designate either or both of the sites referred to in [section 7941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7941&num=0&edition=prelim) as a processing site for purposes of subchapter I. Following such designation, the Secretary may enter into cooperative agreements with New Mexico to perform remedial action pursuant to such subchapter I concerning only the residual radioactive materials at such site resulting from uranium produced for sale to a Federal agency prior to January 1, 1971, under contract with such agency. Any such designation shall be submitted by the Secretary, together with his estimate of the cost of carrying out such remedial action at the designated site, to the Committee on Interior and Insular Affairs and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Reso

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7191 — Federal Energy Regulatory Commission fees and annual charges

**(a) In general** (1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year. (2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16. **(b) Basis for assessments** The fees or annual charges assessed shall be computed on the basis of methods that the Commission determines, by rule, to be fair and equitable. **(c) Estimates** The Commission may assess fees and charges under this section by making estimates based on data available to the Commission at the time of assessment. **(d) Time of payment** The Commission shall provide that the fees and charges assessed under this section shall be paid by the end of the fiscal year for which they were assessed. **(e) Adjustments** The Commission shall, after the completion of a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging or undercharging of any person. **(f) Use of funds** All moneys received under this section shall be credited to the general fund of the Treasury. **(g) Waiver** The Commission may waive all or part of any fee or annual charge assessed under this section for good cause shown.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7101 — Transferred

### Statutory Notes #### Codification Sections 7386 to 7386k, Pub. L. 107–314, div. C, title XXXVI, §§ 3620–3631, Dec. 2, 2002, 116 Stat. 2756–2762, were renumbered sections 4701 to 4712, respectively, of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and were formerly classified to sections 2741 to 2752, respectively, of Title 50, War and National Defense. See sections 6271 to 6283, repsectively, of Title 10, Armed Forces. Section 7386 related to definitions for purposes of former sections 7386 to 7386k of this title. Section 7386a related to reprogramming of amounts appropriated pursuant to a Department of Energy national security authorization. Section 7386b related to minor construction projects. Section 7386c related to limits on construction projects. Section 7386d related to fund transfer authority. Section 7386e related to conceptual and construction design. Section 7386f related to authority for emergency planning, design, and construction activities. Section 7386g related to scope of authority to carry out plant projects. Section 7386h related to availability of funds. Section 7386i related to transfer of defense environmental management funds. Section 7386j related to transfer of weapons activities funds. Section 7386k related to funds available for all national security programs of the Department of Energy.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7191 — Procedures for issuance of rules, regula-

Page 7077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7191 § 7176. Reorganization For the purposes of chapter 9 of title 5 the Commission shall be deemed to be an inde- pendent regulatory agency. (Pub. L. 95–91, title IV, § 406, Aug. 4, 1977, 91 Stat. 586.) § 7177. Access to information (a) The Secretary, each officer of the Depart- ment, and each Federal agency shall provide to the Commission, upon request, such existing in- formation in the possession of the Department or other Federal agency as the Commission de- termines is necessary to carry out its respon- sibilities under this chapter. (b) The Secretary, in formulating the informa- tion to be requested in the reports or investiga- tions under section 825c and section 825j of title 16 and section 717i and section 717j of title 15 shall include in such reports and investigations such specific information as requested by the Federal Energy Regulatory Commission and copies of all reports, information, results of in- vestigations and data under said sections shall be furnished by the Secretary to the Federal En- ergy Regulatory Commission. (Pub. L. 95–91, title IV, § 407, Aug. 4, 1977, 91 Stat. 587.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Orga- nization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7178. Federal Energy Regulatory Commission fees and annual charges (a) In general (1) Except as provided in paragraph (2) and be- ginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Ene

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7920 — Enforcement

Page 7501 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7922 1983—Subsec. (a)(2). Pub. L. 97–415, § 18(b)(2), struck out provision that no such remedial action could be un- dertaken under this section before the promulgation by the Administrator of general standards pursuant to section 275 a. of the Atomic Energy Act of 1954. Subsec. (a)(3). Pub. L. 97–415, § 18(b)(1), added par. (3). § 7919. Rules The Secretary may prescribe such rules con- sistent with the purposes of this chapter as he deems appropriate pursuant to title V of the De- partment of Energy Organization Act [42 U.S.C. 7191 et seq.]. (Pub. L. 95–604, title I, § 109, Nov. 8, 1978, 92 Stat. 3030.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see Short Title note under section 7901 of this title and Tables. The Department of Energy Organization Act, referred to in text, is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565. Title V of the Department of Energy Organization Act is classified generally to subchapter V (§ 7191 et seq.) of chapter 84 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7920. Enforcement (a) Civil penalty; appellate review; action to re- cover civil penalty; sovereign immunity; eq- uitable remedies (1) Any person who violates any provision of this subchapter or any cooperative agreement entered into pursuant to this subchapter or any rule prescribed under this chapter concerning any designated processing site, disposition site, or remedial action s

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